H1B exp. in Oct. 2007, no GC app. Options?

[emelle]

Hello,

A friend's H1B will expire early Oct. 2007. He worked for company A, which started a Labor Cert./green card process for him that sort of went nowhere. He changed jobs to company B in Sept. 2005 and company B has not started another process for him. I assume the one from company A is deemed abandoned? What are his options if he wishes to stay in the US beyond the 6 years, and is it too late to begin a 7th yr. extension process?

Can he terminate his current H1B early, work for company B's sub in another country for an amount of time, then come back on a new H1B? (I've found an answer to this one. It seems he can start a new 6-yr. term if he leaves for 1 yr. Question is, would it be the company who terminates the app.?)

He is Canadian and has entered on a TN visa before. Not sure the propriety of going from H1 to TN though.

Is there any advantage to exploring the National Interest Waiver? I believe he's been here on a 2nd preference.

Any help or advice is appreciated.

 

[GotPR?]

if he went with NIW(provided he is qualified for NIW), he can start with I-140. Running premium processing with I-140 could lead quick approval which gives ability to extend H1 beyond 6 years.